Source: All England Reporter
Publisher Citation: [2003] All ER (D) 317 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Ward, Clarke and Longmore LJJ

Representation Stephen Boyd (instructed by Wilson Barca) for the claimant.
  Joshua Swirsky (instructed by Sheridan & Stretton) for the defendant.
Judgment Dates: 21 February 2003

Catchwords

Contract - Contractual term - Construction - Clause in contract for sale of lease assigning benefit and obligation of application notice for renewal of lease - Defendant liable for return of deposit made by claimant arising from application notice - s 42 - Leasehold Reform (Collective Enfranchisement and Lease Renewal) Regulations 1993, Sch 2, para 2.

The Case

On the proper construction of a contract for the sale of a lease of a flat, the purchaser was liable to reimburse the vendor in respect of a sum paid to the landlord as a deposit following a tenant's notice of claim for an extension to the lease.

Practice Areas

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